Judicial Dialogue on Human Rights offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to testing the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the
nullum crimen principle, prohibition of torture, hearsay evidence and victims’ rights. Another section of the book seeks to devise a methodologically sound ‘grammar’ of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.
This groundbreaking new volume provides the first comprehensive review of the Libyan conflict of 2011. The book expands on and complements the report of the Libya Commission of Inquiry to the United Nations Human Rights Council, and provides the reader with the information essential to understanding the Libyan conflict, its causes and ramifications, and the difficulties the country faces as it rebuilds in the wake of 40 years of repression and the effects of a brutal civil war.
The book provides a historical overview of the country and the ruinous policies of the Qadhafi regime, a chronological review of the evolution of the conflict, a description of the belligerents and their organizational makeup, an account of the NATO intervention and its legality, a basic legal characterization of conduct of the belligerents and the various accountability mechanisms pursued thus far, and an appraisal of the post-conflict period, as well as a detailed factual assessment and legal characterization of ten different theaters of conflict, including Benghazi, Tripoli, Misrata, Sirte and the Nafusa Mountains.